Are brother and sister comes under domestic violence act 2005
Kumar Krishan Agarwal Advocate
(Querist) 11 January 2016
This query is : Resolved
Dear Sir,
I filed a case of the unmarried sister against her brother that his brother not giving maintenance to her sister and also doing violence in the home. That he also not give her profits from the co-share of her ancestral property to her and also took her mother Gold jewellery in his custody?
I filed a case S.12 before C.J.M Magistrate in Uttar pardesh where he refused to lodged as the Magistrate said that PWDVAct 2005 is only for husband and wife and their relatives only. While I argue him that in the act the word "any woman" and the word "any adult male member" who have some relation to her or have living into it can file case under the said PWDVAct 2005 but he is not taking the case. Hence I request him to pass any order so that I may file revision before District Judge Court.
PWDAct 2005 - The Protection of Women Domestic Violence Act 2005.
Now Questions are
1. Are the bother and sister family violence ot comes under PWDVAct 2005.
Q2. What are the ruling that support for the brother and sister case to file easily and admit by the Magistrate?
Q3. What the real mean of PWDVAct 2005 and is other relatives of father mother , son , daughter, brother , sister,husband and wife all are liable to be prosecute under the PWDVA ct 2005?
Rest any further to say can be discuss here with the clarity of the PWDVAct 2005.
Shashwat Shukla
(Expert) 11 January 2016
Dear Mr. Agrawal,
Please See the Definition Clause of DV Act Section 2(f) defined the Domestic Relationship. The section well answered ur problem.
Rajendra K Goyal
(Expert) 12 January 2016
Refer the definition clause.
Ruling / citation / judgement are not provided.
